Title LVI, Probate Courts and Decedents' Estates

Any person claiming a present legal or equitable right or title to real or personal property in the estate of deceased persons or to guardianship, conservatorship, or trust assets may maintain a petition against the estate, guardian, conservator, or trustee to determine the quest…

An action may be brought in probate court by any person claiming title to, or any interest in, real or personal property, or both, in partition under RSA 547-C, listed in the estate of a deceased person or listed as guardianship, conservatorship, or trust assets over which the pr…

In cases where a right to jury trial is guaranteed by the constitution or granted by statute, a plaintiff desiring a jury trial shall file the action in the superior court, and filing the action in the probate court where there is concurrent jurisdiction shall constitute a waiver…

In any proceeding in the probate court, summary judgment may be granted in accordance with procedures established by supreme court rule.

He shall not make or draft a will for any other person, and all wills so made or drawn after July 16, 1864, shall be void.

He shall not act as counsel or advocate in any business in, or which may be brought into any probate court. No attorney shall be permitted to practice before any probate judge who is a partner, associate, employee or employer of said attorney, or is a stockholder in a professiona…

He shall not act as judge in the settlement of any estate wherein he is interested as heir or legatee, executor, or administrator, or as guardian or trustee of any person.

If the judge disqualifies himself, by reason of a conflict of interest or otherwise, to sit in any case, he shall cause a record of the disqualification to be made and shall adjourn the case to another time and place. Upon the assignment of the administrative judge of the probate…

Such judge shall be allowed the same per diem compensation as is generally allowed to masters by the superior court plus his reasonable expenses, which shall be paid by the state.

The records in the case shall be kept, and appeals shall be claimed and allowed, in the county where the case may be pending.

Whenever there is a vacancy in the office of the judge of probate of any county, the administrative judge of the probate court shall call upon the judge of some other county, who shall act during such vacancy. Such judge who is called upon shall receive the same per diem compensa…

Whenever a judge of probate in any county shall be absent or unable to attend a session of the probate court, the administrative judge of the probate court shall call upon the judge of some other county, who shall act during such absence or inability. Such judge who is called upo…

The judge so holding court is authorized to do any business that the judge for the county could lawfully do.

Notwithstanding any other provisions of law, any judge of probate who shall become unable to perform his duties because of permanent disability shall be retired from regular active service on the bench for the remainder of his term. Any such judge who desires to retire because of…

Any judge of probate who is not a full-time judge under the provisions of RSA 547:2-a who retires from active regular service due to the provisions of RSA 493:2, relative to the constitutional age limitation, before January 1, 1981, after having served in such capacity for at lea…

Each judge of the probate court retired therefrom by age limitation who has served on such court shall upon retirement become a referee. Such referees shall be empowered to act as such in the probate courts, and their powers and the procedures for hearings before them shall be de…

Any judge of probate, who is not a full-time judge under the provisions of RSA 547:2-a, who retires upon becoming 65 years old after having served in such capacity for at least 20 years, shall receive thereafter and until his death a salary equal to 3/4 of the sum of $19,102 plus…

The word judge, as used in this title, means a judge of probate in the state of New Hampshire to whose court the jurisdiction of the subject matter belongs.

A probate judge designated to be full-time pursuant to RSA 491-A:4, IV shall not be permitted to engage in the practice of law to any degree. Full-time probate judges shall receive the salary specified in RSA 491-A:1. Full-time judges designated pursuant to RSA 491-A:4, IV shall …

The judge may attend at the dwelling-house or in the neighborhood of the residence of an administrator, guardian, trustee or other person who shall be unable, by reason of sickness or other sufficient cause, to attend the court of probate at the time and place appointed by law, w…

He may adjourn his court for the transaction of any business to any convenient time and place.

Notwithstanding RSA 491-A:4, judges of probate who are not full-time judges under RSA 547:2-a and who were appointed prior to the effective date of this section shall receive as annual salary for a period of 10 years either (a) the sum of $19,102 plus 50 percent of the total amou…

The judges shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The judges shall not be reimbursed for mileage to commute from the judge's residence to their assigned court except for any mi…

The judge shall not receive any compensation directly or indirectly for services by him rendered relating to any probate business, except his salary and any per diem compensation as provided by law.

The deposition of any witness or other person who may be required to be sworn before the judge, and who shall live out of the state, or who shall be unable to appear and testify by reason of infirmity or other sufficient cause, may be taken before any person duly authorized by th…

The probate court shall keep a docket of all cases and matters, and an index thereto which shall be open to public inspection at all reasonable times.

I. The probate court shall appropriately retain all wills and their probate; all proceedings with regard to real estate; all accounts settled, and all orders, decisions, and appointments from which an appeal may be claimed. II. The probate court, subject to the approval of the su…

I. Entry fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of each applicable circuit court established in RSA 490-F for the benefit of the state. II. The clerk shall set aside 6 percent of each entry fee paid into the court for deposit into a…

Any judge who violates any of the provisions of this chapter shall be guilty of a misdemeanor.

Sheriffs, deputy sheriffs and constables are required to serve any legal process to them directed by a judge of probate.

I. The probate court shall have exclusive jurisdiction over the following: (a) The probate of wills. (b) The granting of administration and all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement, and final distribution of esta…

In any proceeding before a probate court involving material facts which are in dispute, the probate court shall have jurisdiction to try such factual issues to court after due notice to all interested parties. However, the probate court may, if the interests of an estate require …

The probate court shall have the powers of a court of equity in all cases within its subject matter jurisdiction in which there is not a plain, adequate, and complete remedy at law. The court may hear and determine such cases according to the course of equity, and may grant writs…

In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of …

I. If property is or has been given in trust to be applied to a charitable purpose, and said purpose or its application is or becomes impossible or impracticable or illegal or obsolete or ineffective or prejudicial to the public interest to carry out, the trust shall not fail. Up…

Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United States Internal Revenue Code on the income or principal of the trust, or by reas…

Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor.

For the purposes of RSA 547:3-h and for the purposes of any petition for deviation under RSA 547:3-c or under common law equity powers the following words shall have the meanings ascribed here unless the context indicates otherwise: I. "Charitable trust" means any fiduciary relat…

If the probate court, upon application by the trustee or trustees, finds that the continuance of a charitable trust is impracticable or unfeasible, and that the charitable purpose of the settlor or testator can be accomplished by a transfer of the trust assets to another charitab…

I. The probate court may grant the petition of any person to change the name of that person or the name of another person. The court shall not require the petitioner to obtain consents to the name change. The court may proceed with or without notice, in accordance with RSA 550:4.…

The probate court may issue, modify, vacate, release, or dissolve attachments and levies of execution on personal property and real estate in affording redress for causes within its jurisdiction in the same manner as the superior court may under RSA 511, RSA 511-A, RSA 512, RSA 5…

The probate court shall not apply the common law rule against perpetuities to any disposition of property or interest therein, created after the effective date of this section, if: I. The instrument making the disposition or creating the interest contains a provision which expres…

Ancillary matters are claims for liquidated or non-liquidated damages or for the recovery of money or property brought on behalf of an estate, trust, conservatorship, or guardianship against a third party or brought by a third party against an estate, trust, conservatorship, or g…

In any case, matter or proceeding in a court of probate, the court at any time may certify to the supreme court any questions or propositions of law concerning which instructions are desired for the proper decision of any matter before it and thereupon the supreme court may give …

The judge of probate may employ a stenographer who shall make a stenographic record of any contested proceeding.

Such stenographer when so employed shall be allowed the same compensation as a stenographer appointed by the superior court who is not on salary and shall be reimbursed for his actual expenses when away from home, and the same shall be paid by the state; provided that the court, …